2013 ORS § 475.302¹
Definitions for ORS 475.300 to 475.346

As used in ORS 475.300 (Findings) to 475.346 (Short title):

(1) Attending physician means a physician licensed under ORS chapter 677 who has primary responsibility for the care and treatment of a person diagnosed with a debilitating medical condition.

(2) Authority means the Oregon Health Authority.

(3) Debilitating medical condition means:

(a) Cancer, glaucoma, agitation incident to Alzheimers disease, positive status for human immunodeficiency virus or acquired immune deficiency syndrome, or a side effect related to the treatment of these medical conditions;

(b) A medical condition or treatment for a medical condition that produces, for a specific patient, one or more of the following:

(A) Cachexia;

(B) Severe pain;

(C) Severe nausea;

(D) Seizures, including seizures caused by epilepsy; or

(E) Persistent muscle spasms, including spasms caused by multiple sclerosis;

(c) Post-traumatic stress disorder; or

(d) Any other medical condition or side effect related to the treatment of a medical condition adopted by the authority by rule or approved by the authority pursuant to a petition submitted under ORS 475.334 (Adding diseases or conditions that qualify as debilitating medical conditions).

(4)(a) Delivery has the meaning given that term in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980).

(b) Delivery does not include transfer of:

(A) Marijuana by a registry identification cardholder to another registry identification cardholder if no consideration is paid for the transfer;

(B) Usable marijuana or immature marijuana plants from a registry identification cardholder, the designated primary caregiver of a registry identification cardholder or a marijuana grow site to a medical marijuana facility registered under ORS 475.314 (Medical marijuana facility registration); or

(C) Usable marijuana or immature marijuana plants from a medical marijuana facility registered under ORS 475.314 (Medical marijuana facility registration) to a registry identification cardholder or the designated primary caregiver of a registry identification cardholder.

(5) Designated primary caregiver means an individual 18 years of age or older who has significant responsibility for managing the well-being of a person who has been diagnosed with a debilitating medical condition and who is designated as such on that persons application for a registry identification card or in other written notification to the authority. Designated primary caregiver does not include the persons attending physician.

(6) Marijuana has the meaning given that term in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980).

(7) Marijuana grow site means a location registered under ORS 475.304 (Marijuana grow site registration system) where marijuana is produced for use by a registry identification cardholder.

(8) Medical use of marijuana means the production, possession, delivery, distribution or administration of marijuana, or paraphernalia used to administer marijuana, as necessary for the exclusive benefit of a person to mitigate the symptoms or effects of the persons debilitating medical condition.

(9) Production has the meaning given that term in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980).

(10) Registry identification card means a document issued by the authority that identifies a person authorized to engage in the medical use of marijuana and, if the person has a designated primary caregiver under ORS 475.312 (Designated primary caregiver), the persons designated primary caregiver.

(11) Usable marijuana means the dried leaves and flowers of the plant Cannabis family Moraceae, and any mixture or preparation thereof, that are appropriate for medical use as allowed in ORS 475.300 (Findings) to 475.346 (Short title). Usable marijuana does not include the seeds, stalks and roots of the plant.

(12) Written documentation means a statement signed by the attending physician of a person diagnosed with a debilitating medical condition or copies of the persons relevant medical records. [1999 c.4 §3; 2001 c.900 §205; 2003 c.14 §305; 2005 c.22 §346; 2005 c.822 §1; 2007 c.573 §1; 2009 c.595 §964; 2013 c.337 §1; 2013 c.726 §3]

Note: The amendments to 475.302 (Definitions for ORS 475.300 to 475.346) by section 3, chapter 726, Oregon Laws 2013, become operative March 1, 2014. See section 9, chapter 726, Oregon Laws 2013. The text that is operative until March 1, 2014, including amendments by section 1, chapter 337, Oregon Laws 2013, is set forth for the users convenience.

475.302 (Definitions for ORS 475.300 to 475.346). As used in ORS 475.300 (Findings) to 475.346 (Short title):

(1) Attending physician means a physician licensed under ORS chapter 677 who has primary responsibility for the care and treatment of a person diagnosed with a debilitating medical condition.

(2) Authority means the Oregon Health Authority.

(3) Debilitating medical condition means:

(a) Cancer, glaucoma, agitation incident to Alzheimers disease, positive status for human immunodeficiency virus or acquired immune deficiency syndrome, or a side effect related to the treatment of these medical conditions;

(b) A medical condition or treatment for a medical condition that produces, for a specific patient, one or more of the following:

(A) Cachexia;

(B) Severe pain;

(C) Severe nausea;

(D) Seizures, including seizures caused by epilepsy; or

(E) Persistent muscle spasms, including spasms caused by multiple sclerosis;

(c) Post-traumatic stress disorder; or

(d) Any other medical condition or side effect related to the treatment of a medical condition adopted by the authority by rule or approved by the authority pursuant to a petition submitted under ORS 475.334 (Adding diseases or conditions that qualify as debilitating medical conditions).

(4) Delivery has the meaning given that term in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980). Delivery does not include transfer of marijuana by a registry identification cardholder to another registry identification cardholder if no consideration is paid for the transfer.

(5) Designated primary caregiver means an individual 18 years of age or older who has significant responsibility for managing the well-being of a person who has been diagnosed with a debilitating medical condition and who is designated as such on that persons application for a registry identification card or in other written notification to the authority. Designated primary caregiver does not include the persons attending physician.

(6) Marijuana has the meaning given that term in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980).

(7) Marijuana grow site means a location registered under ORS 475.304 (Marijuana grow site registration system) where marijuana is produced for use by a registry identification cardholder.

(8) Medical use of marijuana means the production, possession, delivery, distribution or administration of marijuana, or paraphernalia used to administer marijuana, as necessary for the exclusive benefit of a person to mitigate the symptoms or effects of the persons debilitating medical condition.

(9) Production has the meaning given that term in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980).

(10) Registry identification card means a document issued by the authority that identifies a person authorized to engage in the medical use of marijuana and, if the person has a designated primary caregiver under ORS 475.312 (Designated primary caregiver), the persons designated primary caregiver.

(11) Usable marijuana means the dried leaves and flowers of the plant Cannabis family Moraceae, and any mixture or preparation thereof, that are appropriate for medical use as allowed in ORS 475.300 (Findings) to 475.346 (Short title). Usable marijuana does not include the seeds, stalks and roots of the plant.

(12) Written documentation means a statement signed by the attending physician of a person diagnosed with a debilitating medical condition or copies of the persons relevant medical records.

Note: See note under 475.300 (Findings).